Recently, over 30 provisions of the Workers Compensation Act were amended. Some of these changes could have serious implications on employers, particularly in the form of increased premium payments, employees spending longer periods of time off work, as well as greater exposure to administrative and criminal liability.
This presentation will address notable changes such as:
Increases to amounts injured workers receive through their benefits:
- Maximum annual salary that compensation benefits are based on has increased from $87,000 to $100,000
- The determination of a worker’s retirement age beyond age 65 for the purposes of determining permanent disability awards
- There are two methods for assessing permanent partial disability benefits: (1) the loss of function method; and (2) the loss of earnings method. Beginning January 1, 2021, workers are entitled to have their benefits determined using both the LOF and LOE methods of assessment and to receive benefits based on whichever method provides the greater amount of compensation.
- Allow workers to access health care before a claim decision is made in certain circumstances
- The “date of mental disorder” has been expressly added to the legislation as the starting point of the one-year time limit for filing a compensation claim.
- The B.C. Courts may now issue search and seizure warrants to WorkSafeBC where there are reasonable grounds to believe an offence against the Act has been or is being committed (under the Worker’s Compensation Act rather than the Offence Act)
- The laying of an information in respect of an offence no longer requires approval of WorkSafeBC
- The B.C. Courts may now order criminally convicted employers to publish facts about their offences in any manner the court considers appropriate, at their own expense
- Directors of corporations may now be held personally liable for unpaid premiums or other amounts owed to WorkSafeBC
- WorkSafeBC can now pursue unpaid amounts owed by an employer from third parties who are indebted to or likely to become indebted to the employer
- Allowing WorkSafeBC to correct or acknowledge obvious errors in decisions beyond the 75-day time limit
- Requests to the Review Division may now be made on a decision to reopen or not to reopen a matter on an application related to a recurrence of injury or significant change in a compensable medical condition.
- The 90-day waiting period has been removed for bringing a regulation into effect that creates a presumption of work-relatedness for infections caused by communicable viral pathogens, including COVID-19.
Presenter: Marino Sveinson – Partner at Pulver Crawford Munroe LLP
Marino Sveinson has practiced exclusively in the area of workplace law throughout his career. Marino strives to provide strategic result-oriented advice and representation to employers for all aspects of workplace law in unionized and non-union environments in both the provincial and federal sectors.
Marino represents employers on human rights matters, wrongful dismissal matters, labour relations issues, collective agreement grievances, employment contract drafting and interpretation, privacy obligations including access to information requests, workers compensation, corporate restructuring and acquisitions and disputes over obligations of departing employees. He also acts as an independent investigator for bullying and harassment complaints and provides training services.
Marino has represented clients at all levels of the courts in BC, federal court, collective agreement arbitrations, human rights tribunals, provincial and federal labour relations boards, workers compensation tribunals, and regarding complaints to the office of the information and privacy commissioner of BC.
Webinar Time: March 30, 2021 - 9:00 AM to 10:30AM Pacific Standard Time (PST)
Please contact Ally Bodnar at 604-298-7795 or email@example.com for more information.
Computer or laptop
- This course will involve on-screen interaction with your instructor and classmates, reading/viewing on-screen content (slides or videos), and interacting via typing with questions or responses. For this reason, cell-phones or tablets may not be adequate.
- Windows 10 or Mac iOS
- For a full list of Zoom’s requirements click here
- Downloading of the Zoom app will ensure a much faster experience https://zoom.us/support/download
- Webcam – in order to engage and collaborate, participants will be expected to have their webcams on for the duration of the class
- Internet connection - For best results, you will want to ensure you have an internet connection with an upload/download speed of 3-5 Mbps. You can test your internet speed here. Minimum recommended speed is 1.5 Mbps, but anything below 3 Mbps may result in loss of quality or buffering. Ideally hardwired connection versus wireless for stability - connect your computer directly to your router using an ethernet cable, rather than using your home wi-fi.
- A quiet space with minimal distractions - microphone will be engaged for interactive sessions. Please plan to be fully engaged in the class and clear your work schedule just as you would for the in-class program.
- Comfortable chair
COURSE REGISTRATION CANCELLATIONS, TRANSFERS & REFUNDS:
Cancellations received at least 5 business days prior to the webinar date will result in a full refund.
Registrants who do not attend/log into a webinar, and/or who do not notify ICBA of cancellation at least 5 full business days prior to the course date will be assessed the full cost of the webinar. There will be no refunds, transfers ,or credits in this case.
Substitution of attendees is permitted up to and including the day of the webinar.
COURSE CANCELLATION BY ICBA:
ICBA may have to postpone or cancel webinars due to insufficient enrolment, in which case ICBA’s liability will be limited to a refund of the registration fee.